SPECIAL TAHSILDAR LA NEIGHBOURHOOD SCHEME Vs. PANJA GOUNDER

JUDGEMENT

(1.) THE above writ appeals are directed against the common order of the learned single Judge dated 25. 04. 1996 made in W. P. Nos. 7648 and 7663 of 1986, in and by which, the learned single Judge, remitted the matter to the first respondent, The Special Tahsildar, (LA), Neighbourhood Scheme, Namakkal, Salem District, for fresh disposal.

(2.) HEARD the learned Government Advocate for the appellants as well as the learned counsel appearing for the respondents.

(3.) AFTER taking us through the particulars furnished in the counter affidavit and the reasoning of the learned single Judge, the learned Government Advocate has contended that inasmuch as enquiry under Section 5-A of the Tamil Nadu Land Acquisition Act (hereinafter referred to as "the Act") was properly conducted in accordance with the provisions of the Act and the Rules, the learned single Judge is not justified in remitting the matter to the Special Tahsildar once again for fresh disposal. It is the grievance of the respondents herein-petitioners before the learned single Judge and the land owners that no proper enquiry under Section 5-A of the Act (Central Act) was conducted and according to the counsel, the learned single Judge is perfectly right in remitting the matter before the Land Acquisition Officer for fresh enquiry. In the light of the controversy, which pertains to 5-A enquiry, we summoned the original records and the learned Government Advocate placed all the records.